Definition - What does Encroachment mean?

Encroachment is the unlawful intrusion of or trespassing upon another person's rights, property or domain. These intrusions can occur over a short or long period of time. An example of encroachment would be a person extending their fence into the property of another without permission.

Encroachment basically involves one person's legal boundaries being infringed upon by another person. This term is commonly used in reference to property lines. However, it also refers to infringement of rights.

For example, an employer who creates unlawful policies that violate certain amendments of the Constitution could be said to be encroaching on the rights of their employees. If an individual feels that they face encroachment, they can appeal to the legal system for help. If the accused party is found guilty, then punitive action can be taken as a consequence.

Justipedia explains Encroachment

Encroachment in property law refers to when one individual violates the property rights of another person, usually a neighbor, by taking a claim to the neighbor’s land in some manner. An encroachment is usually caused by accident due to there being no definitive marker of where one person’s land ends and another person’s begins.

A typical encroachment occurs when a person who buys a plot of land without a fence decides to stake off their property with a fence. To make sure that the fence is in its proper place, a surveyor should be hired to determine exactly where the fence should be laid. When a person does not do this, it is common for them to encroach on to their neighbor’s property. Furthermore, even when a surveyor is called upon, sometimes the surveyor can survey the land incorrectly, therefore causing an encroachment.

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